PrepTest 145, Section 1, Question 9

OrganizationDifficulty3 of 5
Passage 2Cost-benefit analysis and corporate criminal penalties
The questionFull text in your LawHub copy of PrepTest 145

The following passage is adapted from an article(441 more words not shown)

The primary purpose of the(3 more words not shown)

Reading the passage

What is the author doing with the economists' proposal? Explaining it, showing why it becomes impractical when detection is properly considered, and arguing that it needs supplementation. The purpose is to challenge a particular method of setting penalties. We are not simply studying why companies commit crimes or condemning their behavior.

Working the answers

  • A

    Courts are mentioned, but they are not criticized for being too lenient. The target is the economists' proposed sole basis for penalties. A changes both the target and the criticism.

  • B

    Financial incentives help explain the detection problem, but the purpose is not to catalog reasons companies commit crimes. That reasoning supports an argument about how to punish them.

  • C

    The author does not primarily scold corporations for failing to think morally. The argument concerns the criteria lawmakers or courts should use when deciding penalties.

  • D
    Correct

    The economists would rely solely on cost and benefit. The author argues that this approach is impractical and needs another criterion. That is the central argumentative task.

  • E

    The author calls for another criterion and gives moral weight as a possibility, but does not work out a specific proposal for implementation. There is no detailed formula telling us how to combine moral weight, profit, detection and practical consequences.

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